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(영문) 수원지방법원평택지원 2015.04.09 2015가단774
공사대금
Text

1. The defendant shall pay 28,390,000 won to the plaintiff and 20% per annum from December 24, 2014 to the day of complete payment.

Reasons

1. In full view of the purport of arguments in Gap's evidence Nos. 1 and 2 and Eul evidence Nos. 6 through 8 (including each number), the plaintiff filed a lawsuit for construction cost claim against Chowon Construction Co., Ltd. in relation to landscaping construction works under Suwon District Court Decision No. 201Na24928, Nov. 17, 201, and sentenced the plaintiff to "the Chowon Construction Co., Ltd. shall pay KRW 28,390,00 to the plaintiff" on Nov. 15, 201, the above judgment became final and conclusive at that time; Chowon Construction Co., Ltd. divided the electrical construction business part with the defendant on Nov. 15, 201; liabilities for remaining business part other than electrical construction business part shall be borne by the defendant; the plaintiff shall be notified that the above special resolution of 10 months after division and merger should be submitted; and the above creditors' general meeting of shareholders shall be publicly notified within 210 months after the merger and merger is established.

According to Article 530-9 (1) of the Commercial Act, a company surviving a merger through division is jointly and severally liable for the obligations of the company prior to the merger through division. However, the company to be divided may determine by a resolution under Article 530-3 (2) of the Commercial Act that the company shall only bear the obligations with respect to the invested property, among the obligations of the company divided and merged. In this case, the company shall publicly announce that any creditor raises an objection against the merger within two weeks from the date the approval of the general meeting of shareholders is approved and peremptory notice shall be given to the creditors known to the effect that the creditor should be

In the case of a merger through division, the obligations of the company prior to such division.

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